Termination Policy

INTRODUCTION


This document sets out how we proceed with a request to terminate a tenancy agreement.


If a nomination agreement is in place then the Termination/Booking policy of the nominating university will take precedence over this policy.


What type of tenancy do I have? 

Your tenancy agreement is a legal contract between you as the tenant and Homes for Students. This sets out
your responsibilities as a tenant and our responsibilities as your Landlord’s agent. The tenancy agreement is
for a fixed term and you are liable for the full term of that agreement.

Can I cancel my booking?

  1. If we are not able to offer you a room at the time of application we will usually advise you within 5
    working days of receipt of the application and no payment will be due to us.
  2. If we offer you a room but you do not accept the terms and conditions online, your application will
    lapse after 5 days during normal periods, 3 days during our peak selling period (July) and 1 day
    during the results and clearing period (August and September).
  3. If you accept an offer of accommodation online or by signing a Tenancy Agreement then decide you
    wish to cancel this agreement, we will only accept cancellation if the following applies:

    1. You can cancel your application up to 7 days after the date your booking is confirmed (the
      Initial Cancellation Period). As confirmed in your agreement, we will refund the
      full security deposit (£50 to £250).Please note, £20 will be deducted from the refunded amount to
      cover international bank charges for deposit refunds made to non-UK banks under these circumstances.
  4. If you accept an offer of accommodation online or by signing a Tenancy Agreement, and then decide
    you wish to cancel outside of the Initial Cancellation Period, the following applies:

    1. You remain liable for the weekly rent (for each and every week or part week) until you are
      able to find another tenant that is acceptable to Homes for Students and we are able to relet the room,
      or until the end of any applicable legal notice to quit period that applies under current legislation.
      Any replacement tenant must be over the age of 18 and a have the necessary student status (it is your
      responsibility to find another tenant and provide them with the correction information). If you
      find a suitable replacement tenant and the room is re-let we will refund your deposit, less any
      appropriate charges, as well as a deduction of £50 for the variation of the contract.
    2. If we are able to re-let the room on your behalf we will release you from the tenancy
      agreement subject to payment of £50 to administer the variation of your agreement less any
      appropriate charges, which we may recover from your deposit.
  5. If we offer you a room and you accept online or by signing a Tenancy Agreement and you collect the
    keys before choosing to cancel, we will only accept your cancellation under the following conditions:

    1. You find another tenant for the room who is acceptable to Homes for Students, over the age
      of 18 and with the necessary student status (it is your responsibility to find another tenant
      for the remainder of the tenancy agreement), or you give any applicable legal notice to quit
      that applies under current legislation.
    2. You will remain liable for the weekly rent (for each and every week or part week) until the
      room is re-let to an acceptable tenant, or the end of any applicable legal notice to quit
      period that applies under current legislation.
    3. If the room is re-let we will refund your deposit, less any appropriate charges and a
      deduction of £50 which is charged for administration of the variation of your agreement. No
      £50 charge will be made for tenancies coming to an end after any applicable legal notice to
      quit period that applies under current legislation and the deposit will be refunded.
    4. You will be responsible for ensuring the room is suitable to be re-let, in the same clean and
      lettable condition as it was when you took occupation, and is available for viewings.
  6. If we offer you a room and you accept and stay in the accommodation throughout the whole
    tenancy period, any deposit is held by the Deposit Protection Service (DPS). If there are no charges
    or arrears at the end of the tenancy, the full deposit will be refunded (see returning of deposit
    process).Please note, if you move out early before the tenancy has ended you will not be able to claim back
    the deposit until the official tenancy end date

1st Year Applicants Only

If you are a prospective first year Undergraduate or Postgraduate student and your offer of a place at your
preferred University or Higher Education Institute is withdrawn by the University or Higher Education
Institute because you do not achieve the required entry grades, you may be eligible to be released from this
agreement.

You must provide written evidence from the University that you do not have a place within 3 days of your
results being published (and no later than 28th August, whichever date is sooner) and we will release you
from the contract without penalty and refund the deposit paid.

You may also be eligible to be released from this agreement if you are a prospective first year
Undergraduate student and you choose to go to a different University because you have exceeded your
expected grades.

To apply to be released from this agreement in the circumstances referred to above, you will need to supply
us with a copy of:

  • a written or email confirmation that you wish to cancel your reservation, stating full name and full
    details of the property booked;
  • a written rejection letter from your chosen university/college or UCAS, a screen shot of your UCAS
    status which confirms that the required results were not achieved, or a copy of the proof of acceptance
    of your new university by UCAS adjustment.

These document(s) must be received by us within 3 calendar days from the date your results are published.
On receipt of the required documentation it will be verified and, provided we are satisfied, we will cancel
your agreement and refund your deposit in full within 30 days.

If you fail to provide the information within 3 days, your deposit will not be refunded and you may be held
rent liable.

2nd Year & Subsequent Year Students

You have a short period after signing the tenancy agreement during which you may cancel without liability.
This period is known as the cooling off period or Initial Cancellation Period and commences once the terms
and conditions have been accepted. You then have 7 days in which to cancel. You must give us written
notice (by post or email) that you wish to cancel your tenancy agreement.

Outside of the cooling off period, termination of your tenancy agreement will only be authorised if a suitable
replacement has been found by the tenant, or if any applicable legal notice to quit that applies under current
legislation is issued (see section 4 above). In addition, the deposit paid is non-transferable and cannot be
moved to another applicant, or another year.

International Visa Applicants Only – Tier 4

Should you fail to be granted your Visa before the tenancy agreement has commenced you will need to
inform the property by email or in writing within 7 days of receipt of your official notification that you have
failed to obtain the required Visa and that you wish to cancel the tenancy agreement, and before 30th
September for academic year bookings.

Alongside the request to terminate your tenancy agreement, you must also supply the official notice that
you have received from UK Visas & Immigration.

Providing we receive the correct documentation in the stated time period, you will be released from the
tenancy agreement and your deposit will be refunded.

If your tenancy has already commenced, and you have NOT collected your keys, you will be charged for the
period from the ‘Tenancy Start Date’ to the date you provide us with evidence that you have not been
granted a Visa.

If your Visa is revoked after collecting the keys you will need to notify the property immediately (no more
than 48 hours after receiving official notification). You will also be required to provide written or email
confirmation that the Visa has been revoked by providing official documentation from the UK Visas &
Immigration office and a letter from the University confirming your release.

You will be unable to remain at the property however will be held rent liable for fees until a suitable
replacement student is found, or until the end of any applicable legal notice to quit period that applies under
current legislation.

Can I terminate my tenancy once I have moved into the accommodation?

No, you cannot terminate your tenancy agreement once you have moved in, even if you have terminated
your university/college course. You will need to move out of the accommodation, but you will remain liable
for the remaining rent charges until the end of the fixed term period or until the end of any applicable legal
notice to quit period that applies under current legislation, or until you find a suitable replacement student.

Once we have accepted the replacement student, or the end of any applicable legal notice to quit period
that applies under current legislation has passed, you must return the room key to the property office within
5 working days. You will need to confirm your contact details to the property team before moving out to
ensure you can be notified.

If the room is re-let we will refund your deposit, less any appropriate charges and a deduction of £50 for
administration of the variation of your tenancy agreement.

Special conditions

Medical:
You can terminate your tenancy agreement if you have an existing medical condition that renders you
medically unable to continue at university and this medical condition is recorded on your application prior
to a room offer being made. You will need to submit a request in writing or email to the Property Manager
and we will require medical proof (e.g. letter from doctor) with your application. You will be liable for a
minimum of 4 weeks’ rent or to the end of the current rent period, whichever is the longer. For the
avoidance of doubt, a rent period is the full contract value up to the fixed end date divided into 3 equal
instalments regardless of the instalment option that was chosen by you at the outset.

If you have a medical condition that is not recorded on your application, you will remain liable for the rent
until the end of the fixed tenancy end date, or until you find a replacement who is acceptable to Homes for
Students.

Sensitive or Exceptional Special Conditions:
You can submit a request in writing or by email with supporting evidence (including medical information or
supporting information from your place of study as appropriate), via the Property Manager to the Special
Conditions Panel for your case to be reviewed. The Panel will review your request and make consideration of
your circumstances. Once the Panel has reached its decision, both you and your guarantor will be notified in
writing. The Panel aim to confirm a decision within 10 working days* and is final.

*This can sometimes take longer due to additional Landlord approval requirements.

Complaints

If you are not satisfied that Homes for Students have complied with this policy and wish to complain, our
complaints policy gives information on what you should do, together with details of how we will handle your
complaint.